-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VHbCvhDp1ArPjf4pX3WFtUoiiVevFq0kzw0SFfh+tWlRVwmJtu1ANEVYLidRJYVD K77yRKXhegeCE820UM8V9w== 0001144204-09-004126.txt : 20090129 0001144204-09-004126.hdr.sgml : 20090129 20090129161849 ACCESSION NUMBER: 0001144204-09-004126 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090123 ITEM INFORMATION: Material Impairments ITEM INFORMATION: Regulation FD Disclosure FILED AS OF DATE: 20090129 DATE AS OF CHANGE: 20090129 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MMC ENERGY, INC. CENTRAL INDEX KEY: 0001312206 STANDARD INDUSTRIAL CLASSIFICATION: COGENERATION SERVICES & SMALL POWER PRODUCERS [4991] IRS NUMBER: 000000000 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33564 FILM NUMBER: 09554728 BUSINESS ADDRESS: STREET 1: 26 BROADWAY, STREET 2: SUITE 907 CITY: NEW YORK STATE: NY ZIP: 10004 BUSINESS PHONE: (212) 977-0900 MAIL ADDRESS: STREET 1: 26 BROADWAY, STREET 2: SUITE 907 CITY: NEW YORK STATE: NY ZIP: 10004 FORMER COMPANY: FORMER CONFORMED NAME: High Tide Ventures, Inc. DATE OF NAME CHANGE: 20041221 8-K 1 v138164_8k.htm

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934


Date of Report (Date of earliest event reported): January 23, 2009

MMC ENERGY, INC.
(Exact name of registrant as specified in its charter)

Delaware
000-51968
98-0493819
(State or other jurisdiction
of incorporation)
(Commission
File Number)
(IRS Employer
Identification No.)

26 Broadway, Suite 960
New York, NY
 
10004
(Address of Principal Executive Offices)
(Zip Code)

(212) 977-0900
(Registrant's telephone number, including area code)

 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
 
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 
 

ITEM 2.06 MATERIAL IMPAIRMENTS
 
ITEM 7.01 REGULATION FD DISCLOSURE
 
On January 29, 2009 MMC Energy, Inc. (the “Company”) announced that a necessary permit for the Company’s upgrade to its Chula Vista “peaker” plant was preliminarily denied by a California Energy Commission (“CEC”) committee overseeing the permitting process. The opinion of the presiding member of the committee was published on January 23, 2009. The Company believes that this may be the first time that the Staff of the CEC (the “Staff”) has recommended complete approval of a project and the assigned Commissioners have overridden the Staff’s recommendation.
 
The Company is currently evaluating the full decision and evaluating its options, which may include continuing to attempt to have the preliminary decision reversed or withdrawing its permit request.  If the Company chooses to withdraw its permit request or otherwise not prevail in reversing the decision, the Company would recognize a non-cash charge of approximately $3.1 million related to the value of the expenses capitalized to date that are associated with the upgrade project.

 
 
 
 
SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
 
  MMC ENERGY, INC.  
       
Date:  January 29, 2009
By:
/s/ Denis Gagnon  
    Name:  Denis Gagnon  
    Title:    Chief Financial Officer  
       
 
 
 
 
 
 -----END PRIVACY-ENHANCED MESSAGE-----